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Corporate Counsel › Administrative Law Judge (ALJ) › Employee Rights

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more

Fisher Phillips

Employers Still Need to Follow NLRB’s Strict Handbook Rules – For Now What You Need to Know About Current Standard and When it...

Fisher Phillips on

With a new presidential administration now in place, many employers are hopeful that the National Labor Relations Board (NLRB) will return to more employer-friendly policies – especially those related to handbook policies....more

Epstein Becker & Green

Western District of Texas Says NLRB Structure Unconstitutional, Issues Injunction Preventing SpaceX Unfair Labor Practice Hearing...

Epstein Becker & Green on

In an action brought by Space Exploration Technologies Corporation, commonly known as SpaceX, a U.S. District Court Judge in the Western District of Texas, Waco Division, has declared that the structure of the National Labor...more

Kilpatrick

The NLRB Redefines What Constitutes “Solicitation,” Thereby Broadening The Definition And Returning to Prior Board Precedent

Kilpatrick on

The NLRB is at it again—with its decision in Wynn Las Vegas, LLC the Board has continued its practice of scaling back decisions of the Obama Board. In Wynn Las Vegas, the Board redefined “solicitation” to comport with prior...more

Proskauer - Labor Relations Update

Employer’s Poll of Workforce Not Unlawful Mass Interrogation, NLRB Rules

Proskauer - Labor Relations Update on

When it comes to an unfair practice allegation asserting an employer’s statement is unlawful, words matter. And, so does context. Under NLRB case law, the actual employer statements are evaluated as well as the overall...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Proskauer - Labor Relations Update on

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Proskauer - Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

Proskauer - Labor Relations Update on

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and...more

Franczek P.C.

Adventures in Buttonland: NLRB Rejects Employer Attempts to Ban Buttons at Work

Franczek P.C. on

Two recent cases, one from the National Labor Relations Board, and one from a federal court of appeals enforcing an NLRB decision, highlight the risk an employer runs when it seeks to prohibit its employees from wearing...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

Skadden, Arps, Slate, Meagher & Flom LLP on

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

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